Author: Nelson Dong
Nelson regularly advises corporations, private and public universities, other independent research institutions, engineering and medical societies and other organizations around the world on export control, economic sanctions and national security matters and on international technology law issues.
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On August 9, after months of deliberations, President Biden issued a new Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the “EO”). Simultaneously, the Department of the Treasury issued a draft advance notice of proposed rulemaking seeking public comment on the Executive Order’s implementing regulations. This EO is focused on preventing China, including the Special Administrative Regions of Hong Kong and Macau, from developing national security technologies and products. National...
The Bureau of Economic Analysis is required to conduct a national survey of foreign direct investment in the United States every five years, and all U.S. companies with non-US persons owning or controlling, directly or indirectly, 10% or more of the voting equity that company are required to complete a Benchmark Report in 2023. This requirement exists for all U.S. companies with such foreign ownership, even if they have not been individually contacted by BEA to ask for such a...
Beginning May 1, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) will require a filing fee in connection with any formal notice of a “covered transaction” or a “covered real estate transaction.” The U.S. Treasury Department made the announcement on April 27, 2020 through an interim rule with its request for public comments until June 1, 2020. (See the interim rule here.) As of the date of this post, CFIUS has set the escalating amount of the...
